Defendant 1 and four others

Kim Young-young

Law Firm Barun, Attorneys Lee Ho-soo et al.

Applicant

Defendant 1 and 2 shall be punished by imprisonment for a year and six months and by a fine of 12,800,000 won, by imprisonment for two years and a fine of 653,200,000 won, by imprisonment for a term of 154,00,000 won, by imprisonment for a term of 1 year and six months and a fine of 154,00,000 won, and by imprisonment for a term of 1 year and six months and a fine of 653,20,000 won, respectively.

In the event that the defendants did not pay the above fine, the defendants 1 and 2 shall each be confined to 50,000 won, the defendants 3 and 5 shall each be confined to 1,00,000 won, and the defendants 4 shall be confined to 50,000 won for each day, respectively, and the defendants shall be confined to 50,000 won for each day. However, the fractional amount shall

The number of days of detention prior to the pronouncement of this judgment shall be 100 days in the above imprisonment with prison labor for Defendant 1, 94 days in the above imprisonment with prison labor for Defendant 2, and 101 days in the above imprisonment with prison labor for Defendant 3, 4, and 5.

However, for the defendant 1, 2, and 4 from the date this judgment became final and conclusive, the execution of each of the above imprisonment for three years shall be suspended.

[Attachment 1 3] 4. 5 Nos. 1, 5-1, 3. 4. 5. 5. 5. 5.1, 5.1, 5.2, 3.5.2, 4.5.2, 5.5.2, 6.5.2, 3.5.2, 4.5.2, 6.5.2, 3.5.2, 4.5.2, 6.5.2, 3.5.2, 6.5.2, 4.5.2, 3.5.2, 6.5.2, 6.5.2, 3.5.2, 4.5.2, 6.5.2, 3.5.2, 4.5.2, 6.5.2, 1.5.2, 3.5., 3.5., 3., 1.6., 6., 1-1,6., 1,6.

An application for compensation by an applicant for compensation shall be dismissed.

1. Notwithstanding that cosmetics are not manufactured or manufactured without reporting the manufacture of cosmetics,

A. In collusion with Defendant 3, 4, and 5, Defendant 3, Nonindicted 3, and Defendant 4, who is a Chinese shipbuilding salvists:

From May 205 to November 200 of the same year, at the trade office of Seongdong-gu Seoul Metropolitan Government (title omitted), Defendant 4 and Nonindicted 3 invest in 100 million won each, respectively, for the purpose of operating expenses of the above office and purchase of cosmetics raw materials. Nonindicted 4 divide the number of ingredients harmful to the human body to Defendant 3, 20 kilograms of secondary cosmetics raw materials into 30,300,000 won per 11 package, and then divide them into 30,000,000 won into the manufacturing business and 5,000,000 won per 11 package, and then divide them into 30,000,000 won into the manufacturing business and 30,000,000 won per 30,000,000,000 won per 5,000,000,000,000 per 5,00,000,00,00.

B. Defendant 3 and 5 conspired with Nonindicted 4:

From the end of November 2005 to March 23, 2006, Seongdong-gu Seoul Metropolitan Government from the end of November 2005 to the end of March 23, 2006, at the trade office of the PPS (name omitted) No. 277-17; Nonindicted 4 sold 20 kilograms of the above cosmetic raw materials to Defendant 3 in a total of 27 million won; Defendant 3 was able to do so in the same manner as indicated in the preceding paragraph, and Defendant 5 made the cosmetic contents in a cream-type; Defendant 5 made the cosmetic contents by dividing the above cosmetic contents into the cosmetic containers and packaging them in the same manner as described in the preceding paragraph; and around that time, Article 492 million won is manufactured; and around that time, he manufactured the cosmetic without filing a report thereon by selling it to the PPs located in the whole country.

2. Defendant 1:

Notwithstanding that cosmetics are not manufactured or manufactured without filing a report on the manufacture of cosmetics, in collusion with Japanese cosmetic manufacturers;

2005. 2.경부터 같은 해 9.경까지 서울 서초구 잠원동 74 신반포4차 아파트 201동 앞에서, 도꼬야마는 위 피고인에게 지름 10센티미터, 높이 6센티미터의 500밀리리터들이 흰색통에 들어 있는 인체에 유해한 성분인 수은이 함유된 피부용 화장품 원료 16통을 통당 약 40만 원 내지 45만 원에 각 판매하고, 위 피고인은 위 아파트에 주차된 위 피고인의 차량 내에서 위 16통에 들어 있은 화장품 원료를 나무주걱을 이용하여 미리 구입해 둔 영어와 일어로 ‘화이트크림’이라고 적혀 있는 50밀리리터들이 금색 화장품용기에 옮겨 담아 톡톡 두드리며 꽉 채우고, 나무젓가락을 이용하여 화장품 용기 위로 올라온 화장품을 자른 다음 휴지로 용기를 닦고 그 뚜껑을 닫는 방법으로 50밀리리터들이 화장품 일명 ‘화이트크림’ 160통 소매가격 합계 1,280만 원(통당 소매가격 8만 원) 상당을 각 제조하고, 그 무렵 서울 용산구 한남동 (지번 생략)에 있는 피고인 2의 집 앞에서 화장품 도매업자인 피고인 2에게 위와 같이 제조된 화장품을 합계 880만 원에 판매하여 화장품 제조업 신고를 하지 아니하고 제조한 화장품을 각 판매하고,

3. Defendant 2:

(a)do not sell or acquire for sale manufactured cosmetics without reporting the manufacture of cosmetics;

(1) Cosmetics manufactured for sale at his own house located in Yongsan-gu Seoul Metropolitan Government (Land Number omitted) from February 2, 2005 to September 2, 2005, and for sale purposes; for the purpose of sale; for the purpose of sale; for the manufacture without Defendant 1’s report as described in paragraph (2) of the same Article, 50 milliliterss purchased at KRW 8,80,000 total sum of 160 retail prices of 160,000,000 won (the retail price per through 8,800,000 won) and purchased for sale for the purpose of selling cosmetics manufactured without reporting the manufacturing business; and around that time, at the (title omitted), 80 cosmetics of the above “firet Cream” at the (title omitted) 5 and 60,000 won per Tong-dong, Seoul Special Metropolitan City, for each manufacturing business without reporting the manufacturing business.

(2) From March 2006 to May 31 of the same year, the above (name omitted) members of the Council purchased five 2,400,000,000 won for the purpose of sale from Nonindicted 1 and Nonindicted 2, a cosmetics distributor, and the cosmetics manufactured without reporting the manufacture of cosmetics from Nonindicted 1 and Nonindicted 2, a cosmetics distributor, and keep them after acquiring five 2,40,000,000,000 won.

(b)no person, other than a medical person, is engaged in medical practice;

At around 14:00 on April 9, 2006, the entrance room on the third floor of the above (name omitted), the 10g of coffee is mixed with water 500 milliliterss, and the 10g of coffee was put into the 500 milliliterss, and the 30 centimeters in length and the 8mm radius in diameter were put into the 7th port of the patient, who wants to make a lodging, and the 3 minutes of the 3 minutes of the 3 minutes of the 7st unit connected to the above 7th unit, and the 180,000 won in price was received from Nonindicted 7, and the person who is not a medical personnel performed medical practice.

1. Defendants’ legal statement

1. Each protocol of interrogation of the police as to Nonindicted 1, 2, 3, 8, 9, and 10 (including Nonindicted 7 substitute parts among the fourth protocol of interrogation as to Nonindicted 8)

1. Each written statement by the police against Nonindicted 11, 12, 13, 14, 15, 16, 7, 17, 18, and 19

1. Each seizure record of the police;

1. A report of a research officer prepared by the Seoul Regional Food and Drug Administration;

1. A letter of appraisal prepared by the National Institute of Scientific Investigation;

1. Investigation reports (as a result of the request for the analysis of ingredients of cosmetics-1), investigation reports (as a result of the request for the analysis of ingredients of cosmetics), investigation reports (as a result of the report on the impact on the human body), investigation reports (as a result of the report on the business registration), investigation reports (as a result of the seizure), investigation reports (as a result of the seizure), investigation reports (as a result of the seizure and search warrant), investigation reports (as a relation to the user of the bar), investigation reports (as a relation to the seller of the bar), investigation reports (as a relation to the execution of the warrant of seizure and search), investigation reports (as a relation to the notification on the execution of the warrant of seizure and search), investigation reports (as a relation to Nonindicted 21 professors), investigation reports (as a relation to the notification on the impact of the business registration on the human body), investigation reports (as a result of the inspection reports), investigation reports (as a relation to the seizure and search reports), investigation reports (as a result of the evaluation of the Korea Food and Drug Administration, the National Research Institute of

1. Defendant 3, 5

A. Summary of the assertion

In light of the fact that the above Defendants received the test report from the Korea Institute of Chemical Examination on June 2005 on whether the said Defendants were harmful to the human body, and that there was no detection of lead, water, hydrogen, mertans, etc., and that there was no content that the number of analysis results of the National Institute of Scientific Investigation on the Egypt cosmetics confiscated in trade between Nitex and (name omitted), the above Defendants’ assertion to the effect that it cannot be deemed that the said Defendants could not be deemed to contain the Egypt cosmetics that were manufactured and sold.

B. Determination

(1) The Seoul National Police Agency’s request for the analysis of its ingredients to the Seoul National Police Agency No. 1, 206 to the Seoul National Police Agency No. 1, 206, and the number of 145.3 p.m. at least 3.5 p.m. to be supplied to the Defendant 2, as a result of Non-Indicted. 2’s request to the Seoul National Police Agency No. 1 and Non-Indicted. 2 for the analysis of the contents of Non-Indicted. 5’s cosmetic materials, and Non-Indicted. 2’s request to the Seoul National Police Agency No. 1 and Non-Indicted. 2 for the analysis of the contents of Non-Indicted. 4’s cosmetic materials, and Non-Indicted. 3’s request for the analysis of the contents of Non-Indicted. 4’s cosmetic materials that were purchased by Non-Indicted. 4 and Non-Indicted. 4’s request for the analysis of the contents of Non-Indicted. 2’s request for the analysis of the contents of Non-Indicted.

2. Defendant 1

A. Summary of the assertion

The above defendant asserts that the above defendant's above act does not constitute manufacturing acts under the Cosmetics Act, since he merely 50 milliliterss divided 50 milliliterss into cosmetics with 500 milliliterss finished products containing 500 milliliterss and 50 milliliterss supplied with cosmetic empty containers together with cosmetic empty containers.

B. Determination

The term "manufacture of cosmetics" as provided in Article 3 (1) of the Cosmetics Act means all acts of recognizing the general public as cosmetics under Article 3 (1) of the Cosmetics Act or producing the professing articles with efficacy as cosmetics, regardless of the existence of efficacy as actual cosmetics. It is reasonable to interpret that the above defendant's acts of converting or refining the materials of cosmetics by chemical methods, or processing cosmetics by mixing them with the materials of the cosmetics already manufactured or processed by processing them in a container, and considering the comprehensive consideration of the ingredients, shapes (containers, etc.), names, efficacy and effects, usage effect, usage capacity, publicity or explanation as to the sale, etc. of the water, and it is reasonable to interpret that the act of manufacturing cosmetics constitutes an act of manufacturing cosmetics after being supplied with 10 centimeters in diameter, height and 6 cm in height and 50 cm in color constitutes an act of manufacturing cosmetics, and thus, it is reasonable to view that the above defendant's acts of producing cosmetics and using cosmetics as an attorney-at-law's offering of 0 lids and 50 cm in English.

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant 1, 3, 4, and 5: Article 3(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes; Article 3(1) of the Cosmetics Act; Article 6 of the Addenda to the Cosmetics Act (Enforcement of July 1, 200); Article 30 of the Criminal Act (the manufacture and sale of each unreported cosmetics, including, but not limited to, the selection of limited imprisonment and the imposition of fines)

B. Defendant 2: Article 3(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes; Article 3(1) of the Cosmetics Act; Article 6 of the Addenda to the Cosmetics Act (Enforcement of July 1, 200); Article 30 of the Criminal Act (mainly, acquisition of manufactured cosmetics without filing a report; acquisition of a limited term of imprisonment and concurrent imposition of fines); Articles 29(1) and 14(1) of the Cosmetics Act (Unreported Cosmetics Sale and Custody; Selection of Imprisonment); Articles 66 subparag. 3 and 25(1) of the Medical Service Act (Unlicensed Medical Practice; Selection of Imprisonment);

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

A. Defendant 1 and Defendant 4: The aggravated punishment for concurrent crimes resulting from the violation of the Act on Special Measures for the Control of Public Health Crimes (Manufacture of Illegal Medicines) due to the sale of cosmetics, each of which is heavier than any one reported;

B. Defendant 3 and 5: Aggravation of concurrent crimes with the punishment prescribed in the Act on Special Measures for the Control of Public Health Crimes (Manufacture of Illegal Medicines) due to the sale of cosmetics without reporting as stated in paragraph (b) of Article 1-2 of the Decision with the largest sentence

C. Defendant 2: Aggravation of concurrent crimes with punishment prescribed in the Act on Special Measures for the Control of Public Health Crimes with the largest punishment

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Invitation of a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Calculation of days of detention;

Defendants: Article 57 of the Criminal Act

1. Suspension of execution;

Defendant 1, 2, and 4: Article 62(1) and (2) of the Criminal Act

1. Confiscation;

Defendant 2, 4, and 5: Article 48(1)1 and 2 of the Criminal Act

1. Dismissal of application for compensation;

Articles 32(1) and (2), 25(1), and 25(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the violation of the Act on Special Measures for the Control of Public Health Crimes of this case (the manufacture of illegal drugs) does not constitute a crime subject to a compensation order, and the amount of damages agreed between Defendant 5 and the victim is inappropriate as it does

1. Defendant 1, 2, and 4

Defendant 1 and 2: (a) even though they are not products produced through normal procedures, such as permission, they manufactured or sold or acquired cosmetics containing at least 100 times the normal value; (b) in the case of Defendant 1, 50 milliliters separately sold the containers to Defendant 2 and assist Defendant 2 in selling illegal cosmetics; (c) Defendant 2 committed acts of violation of the Medical Service Act by doing so without a doctor’s license; and (d) Defendant 4, in collusion with Defendant 3 and 5, manufactured and sold the aforementioned cosmetics containing the above age limit of 10 times; and (e) Defendant 1’s act of purchasing the above cosmetics and using the illegally produced cosmetics as raw materials; (e) Defendant 3 and 5’s act of selling the cosmetics; and (e) Defendant 1’s act of selling the above cosmetics, she should be subject to punishment in light of the following circumstances: (e) Defendant 2’s act of spreading or using the cosmetics; and (e) Defendant 1’s act of spreading or side effects.

2. Defendant 3, 5

The above Defendants were in violation of their depth while making confession of all of the crimes of this case, the number of materials and finished products supplied by Defendant 3 were seized and not distributed any longer, and the above Defendants were not sentenced to punishment, and there are favorable circumstances for the above Defendants.

However, in the case of Defendant 3, the above Defendant supplied a large quantity of materials for cosmetics to Defendant 4 and 5, as well as the above Defendant had night technology so that the materials are directly riped, etc., and led to the manufacture of soft cosmetics that contain DNA livers, scard citizens, scarkes, etc., as stated in the cosmetics Prohibited from cosmetics. In the case of Defendant 5, Defendant 5 sold and distributed soft cosmetics directly nived by Defendant 3 to many customers, such as skin lives, etc., and the victims who purchased and used the above cosmetics appeal the above side effects as seen earlier, and demanding a strict punishment against the above Defendants. In light of the above, the above Defendants’ severe punishment is inevitable. Thus, the above circumstances should be determined by taking into consideration various circumstances such as the above Defendants’ age, character and behavior, home environment, the degree of participation after the crime, degree of participation, etc.

Judges Lee Jong-soo (Presiding Judge)